Jury deadlocks in Chan retrial
After judge declares mistrial, DA may consider third trial in death of colleague
The second trial of Tai Chan, accused of murder in the shooting death of fellow Santa Fe County Sheriff ’s Deputy Jeremy Martin, ended Tuesday just like the first, with a deadlocked jury and a mistrial.
A jury of nine women and three men deliberated for about three hours Tuesday afternoon before announcing to the court that it was at an impasse and could not arrive at a unanimous verdict, forcing the judge to declare a mistrial and ending a trial that began May 8 in state District Court.
Chan, 30, was on trial on a firstdegree murder charge in the Oct. 28, 2014, shooting death of Martin at Hotel Encanto in Las Cruces. Chan and Martin had booked a room
at the hotel after transporting a prisoner from Santa Fe to Arizona.
Following a night of drinking and arguing, Chan fired 10 gunshots at Martin shortly after midnight on the seventh floor of the hotel in what police described as an alcohol-fueled fight. Martin was struck five times from behind as he fled from their room. He was pronounced dead about an hour after the shooting at a Las Cruces hospital.
Prosecutors have argued that Chan’s actions amounted to willful and deliberate murder. But Chan has maintained since his arrest that he acted in self-defense, alleging that Martin had threatened to kill him in the hotel room moments before the shooting.
Six jurors believed Chan shot Martin in self-defense and voted not guilty on the three possible charges — first-degree murder, seconddegree murder and voluntary manslaughter — according to defense attorney John Day, who represented Chan along with Tom Clark and Monnica Garcia.
Clark said no juror agreed to convict Chan of firstdegree murder, while the jury voted 7-5 to acquit on second-degree murder and 11-1 to acquit on voluntary manslaughter.
District Attorney Mark D’Antonio insisted that some jurors had voted to convict Chan of first-degree murder. “To the best of my memory,” he said after the mistrial was declared, “there were several passes, and on the first pass, there were votes for first [degree murder] but not on the second pass.”
D’Antonio said his office would decide in the next week or so whether to try Chan a third time. Day said the continued prosecution of Chan would result in only the loss of more taxpayer money.
“The outcome today shows that reasonable people can differ on what happened that night,” Day said. “Juries have looked at this case twice, and no jury is willing to convict him at all. So, we’re hopeful the state takes that into consideration in determining what to do next.”
Chan did not comment about the mistrial, but two of Martin’s family members did, including his widow, Sarah Martin, and brother James Martin.
“My husband was stolen, and he doesn’t get to come and tell his side of the story,” Sarah Martin said. “He was taken from us, but his life matters. … And he wouldn’t give up on us, and I won’t give up on him.”
Through tears, she added, “His four children deserved to be told that the man who shot their father in the back — that there are consequences for that behavior.”
James Martin said the family believes justice cannot be served in Las Cruces.
For nearly three hours Tuesday morning, prosecutors and defense attorneys presented their closing arguments to the jury.
Chief Deputy District Attorney Gerald Byers told jurors that Jeremy Martin’s life “was terminated by that defendant for no good reason.”
D’Antonio said it was a deliberate act when Chan crossed the threshold of the hotel room door and continued to fire at Martin as he fled down the hall.
But defense attorney Day told jurors that the prosecution’s case was rife with “alternative facts.”
“When Jeremy Martin fired the shot at Tai Chan,” Day said, “Tai Chan did not choose that moment — that was in the hands of Jeremy Martin. … He chose that moment, and Tai Chan acted to save his life in accordance with his training.”
Day also decried the investigation by the Las Cruces Police Department, calling it “faulty.” He pointed to the testimony from the lead detective, Irma Palos, and her supervisor, Sgt. Casey Mullins.
Palos testified that her request to receive assistance from the New Mexico State Police crime scene team had been denied, but Mullins said he never received the request.
Day also reminded the jury of a transcript of a police audio recording. In that transcript, Chan — not long after the shooting — tells a police officer: “I just shot my friend, man. But he shot at me first. He tried to kill me. He tried to kill me.”
“At that moment,” Day told jurors, “Tai Chan is giving an honest and accurate account of what happened.”